RAMA SILK FACTORY Vs. UNION OF INDIA

JUDGEMENT

(1.) These three appeals raise a common question of law and fact. Hence. they are disposed of by a common judgment. Though the appellants are different, the respondents are common in all the appeals. It is enough if the facts in L.P.A. No. 83 of 1980 are stated to cover the point in issue,

(2.) The appeallant is a firm manufacturing silks and silk sarees. It delivered parcels containing silks under way bill No. F 491916 to the Railway administration for carriage on Railway for delivery to the consigners at Siligiri Railway Station. On reaching destination, the patcles were delivered not to the consigners, but the imposters who presented forged way bills. Thereon, notice was issued claiming compensation for the value of the goods lost and laid the suits on July 14, 1971 for the recovery thereof.

(3.) While denying that the respondents acted recklessly, carelessly and negligently, the main defence pleaded and pressed home is that as the appellants having declared the value of the parcels are not entitled to recover full value. In support thereof, they placed reliance on Section 77-B of the Indian Railways Act (Act IX of 1890), for Short 'the Act'.